Colonoscopy Infection Lawsuit Overview
Medical devices and scopes like a colonoscope have come under increased scrutiny in recent years following the outbreak of several dangerous – even deadly – “superbugs” at hospitals. In 2009, the Food and Drug Administration (FDA) suggested that improperly-sterilized medical devices and scopes were transferring dangerous bacteria from one patient to another and thereby facilitating the spread of bacterial infections, and this suggested link was confirmed several years later by the Centers for Disease Control and Prevention. Individuals who developed a bacterial infection after having a colonoscopy performed and who suffered losses such as additional medical bills and time missed from work may be able to bring a lawsuit to recover the cost of those expenses.
Colonoscopy Infection Lawsuits and Unsanitized Colonoscopes
A colonoscope is a medical device consisting of a small camera and light attached to a long, thin, flexible tube. The device is inserted through the rectum and can be used to give the doctor a first-hand view into the patient’s large intestine, including the colon, without having to cut the patient open. Although some discomfort is experienced by the patient during the procedure, a colonoscopy can help the doctor detect polyps, tumors, and other health concerns quickly.
Like all other medical devices, a colonoscope must undergo some cleaning procedure after each use before it can be used on another patient. Some medical centers and hospitals will follow a disinfection procedure, but such a procedure may not fully eliminate bacteria and bacterial spores that may have settled in small crevices and tight, difficult-to-clean spaces of the colonoscope. The FDA has issued warnings and recommendations to alert hospitals to the threat of infection from improperly-cleaned colonoscopes and to suggest new, more thorough means of cleaning the devices.
Superbug Injuries Form the Basis of Colonoscopy Infection Lawsuits
Dangerous bacteria can find a home in the crevices and hard-to-clean spaces of a colonoscope. There, the bacteria wait and multiply until the colonoscope is used again on a different patient. At this time, the bacteria enter the new patient’s body and multiply further, causing serious and (in some cases) fatal bacterial infections. Some of these bacteria are referred to as “superbugs” because of their resistance to antibiotic treatment. That is, even when a colonoscope-related infection is discovered in a new patient, that information may not respond to traditional methods of treatment and medicines.
Existing cleaning protocols may not be sufficient to eliminate the threat of a superbug infection. While manufacturers and the FDA have both recommended hospital personnel handling colonoscopes undertake additional steps as part of the device’s cleaning protocol, these procedures can be complicated and mistakes in the protocol can occur. Even when these stringent protocols are meticulously followed, they may still allow a superbug to remain inside the scope.
The Basic Assertions of a Colonoscopy Infection Lawsuit
As news began to spread of superbug and bacteria infections following colonoscopy procedures, evidence came to light suggesting that some of the leading manufacturers of colonoscopes knew or had reason to believe that their devices could spread dangerous bacteria from patient to patient in spite of cleaning procedures and disinfection protocols used by hospitals and medical personnel. Yet despite this, it is alleged that some of these manufacturers hid this risk from hospitals and patients alike.
A manufacturer who produces a medical device such as a colonoscope is legally required to take all reasonable measures to produce a device that is safe for its ordinary intended uses. When a device is produced that still contains risks or dangers, the manufacturer is obligated to warn the intended users of the device of those risks and dangers and what steps, if any, the users can take to further reduce those risks. When a dangerous device is released for use by or on the public without appropriate warnings, a warning or signage defect exists and the manufacturer can be held responsible for financial loses and expenses users experience as a result of the dangerous device.
How to Know if I Have a Colonoscopy Infection Lawsuit
If you or a loved one recently underwent a colonoscopy procedure and thereafter developed a fever that does not seem to dissipate, contact your medical professional right away. A fever is often one of the very first signs of infection, and the fact that such a persistent fever would develop shortly after a colonoscopy suggests the presence of a colonoscope-related infection.
If you believe you or a loved one developed an infection following a colonoscopy procedure, Stern Law, PLLC would like to speak with you. Call our firm at (844) 808-7529. We will examine the details of your medical malpractice claim and can advise you whether you may have a valid claim for damages following a colonoscopy infection. Do not delay: Important evidence about your colonoscopy infection can be lost due to the passage of time, and you only have a limited amount of time in which to file your claim for compensation.
